(a) Prior to a Rule 26(f) conference, each party shall individually assess the likelihood
that its ESI will play a role in discovery. When a party in possession of ESI
reasonably anticipates, or should anticipate, that its ESI will play a significant role,
the party shall complete the following tasks for discussion at the Rule 26(f)
conference:
(1) determine how and where its ESI is stored; how it has been or can be
preserved, accessed, retrieved, and produced; and any other issues to be
discussed at the Rule 26(f) conference including the issues set forth in
subparagraph (c) below; and
(2) identify a person or persons with knowledge about the ESI, with the ability
to facilitate, through counsel, the preservation and discovery of ESI.
(b) At the Rule 26(f) conference, counsel shall meet and confer about:
(1) the steps the parties have taken to preserve ESI;
(2) the anticipated scope of ESI discovery and the search protocol for locating
responsive ESI, including methods to filter the data, such as using search
terms or date ranges;
(3) procedures to deal with inadvertent production of privileged information;
(4) accessibility of ESI, including but not limited to the accessibility of back-
up, deleted, archival, or historic legacy data;
(5) the media, format and procedures for preserving and producing ESI;
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(6) allocation of costs of preservation, production, and restoration (if possible
and/or necessary) of any ESI;
(7) the need for a designated resource person through who all issues relating to
the preservation and production of ESI should be addressed;
(8) the need for an Order setting out the ESI protocol; and
(9) any other issues related to the discovery of ESI.
